Since 1994, the government of the Republic of South Africa has been embarking on transformative measures that affect certain government institutions in various ways. The judiciary in particular has been the subject of various transformative projects as recently proposed by the Department of Justice. Since transformation of the judicial system is required by the Constitution, the question is as follows: What steps should be taken to ensure that the transformation does not compromise other equally important institutions of government and other important values such as transparency, accountability and the independence of the judiciary? What should be done to refocus or change the legal culture, attitude, imagination and legal methods of the judiciary?

The author shares some thoughts on what is meant by ethics. She discusses issues regarding ethics and the legal profession and practical problems in relation to ethical conduct by legal professionals. She concludes with thoughts on the place of Ethics in the curricula of law schools.

Rape is a physically, emotionally and psychologically traumatic experience for a young victim. But for medical evidence, the conviction of the perpetrator depends largely on the accurate testimony of the child victim in court. The author considers the prejudicial historical basis of the cautionary rule and examines whether the South African courts revictimise the victim of child rape by stringently applying the cautionary rule to his or her testimony. The author emphasises the importance of the relevant role players in the criminal-justice system effectively protecting the victim of child rape, and of preventing further trauma to the victim. In the absence of such protection the victim of child rape may perform poorly in court because of a lack of faith in the criminal-justice system. The author analyses the effectiveness of ss 170A and 158 of the Criminal Procedure Act 51 of 1977, the contradictions that exist between these two sections and their failure to provide a uniform option to victims of child rape to testify in an environment free of intimidation and further trauma.

This article deals with the transboundary transport of hazardous material within the Southern African Development Community (SADC) and European Union (EU) regions. The author compares the legislation and regulations that govern the transboundary transport of hazardous material in the two regions. The study has shown that the safe transportation of hazardous material is dependent on not only effective legal remedies, but also voluntary cooperation between countries. Although the various jurisdictions define the term 'hazardous material' differently, they are united by the common purpose of the safe transportation of the hazardous material. This purpose obtains internationally, as well as in the SADC region.

In this article, various important aspects in respect of the investigation of aircraft accidents and incidents are highlighted. The importance of this issue is underlined by the fact that such accidents or incidents may have serious engineering, technical, legal and even political ramifications and repercussions. It is intended to give a broad overview of certain issues, and not to provide a detailed study of all the relevant facets. Accidents and incidents involving South African and foreign-registered aircraft within the territory of the Republic of South Africa are investigated by the South African Civil Aviation Authority, whose task it is to inter alia investigate aviation accidents and incidents within the Republic of South Africa. The position regarding accidents involving South African registered aircraft outside the borders of the Republic of South Africa is also dealt with.

In Zimbabwe, in accordance with the stare decisis doctrine, previous decisions are authoritative sources of law. However, on occasion, under certain circumstances, the Supreme Court, being the most senior court in Zimbabwe, will depart from a particular decision taken previously. The author illustrates how and why the system applies in Zimbabwe. The author is of the opinion that Ntini v Masuku, decided by the Bulawayo High Court, casts a shadow on this doctrine. The author critically analyses this judgment, and tries to show that the comments of the justices in relation to the precedent system are incorrect and, in the light of Zimbabwe's Constitutional amendment history, should be viewed with caution.

In ss 33, 34 and 52 of the Companies Act 61 of 1973, mention is made of the concepts of main object, main business and ancillary object. These sections have been criticised by many writers, and amendmends have been proposed. The author proposes a solution to the shortcomings found in these sections, based on the ordinary meaning of the concepts used.

The law of unfair dismissal forms a pivotal part of employment law, as is illustrated by the many sections of the Labour Relations Act 65 of 1995 that regulate and make provision for the possible fair dismissal of an employee. Accordingly, it is not surprising that various intricacies bearing on fair dismissals often establish a maze of legal principles which in turn make it difficult for individuals to understand the basic principles of this complicated but undeniably important aspect of employment law.